Torres v. Diaz

Filing 81

ORDER by Judge Yvonne Gonzalez Rogers denying as premature 76 Motion for Certificate of Appealability; denying request for stay 80 . (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 7/11/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JUAN MATIAS TORRES,
Petitioner,

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v.
RALPH M. DIAZ, Warden,

Case No. 12-cv-06224-YGR (PR)
ORDER DENYING PETITIONER’S
REQUESTS FOR A CERTIFICATE OF
APPEALABILITY AND FOR A STAY IN
PROCEEDINGS

Respondent.
This is a habeas case under 28 U.S.C. § 2254 filed pro se by a state prisoner. Petitioner
has filed an amended petition raising the same three claims from his original petition as well as six

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United States District Court
Northern District of California

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additional new claims. Dkt. 59. The Court granted Respondent’s motion to dismiss the six new

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claims (claims 6-9) as untimely under the one-year statute of limitations established by the

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Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Dkt. 74. The Court noted

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that it would resolve remaining timely claims (claims 1-3) in a separate written Order. Id. at 16.

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Petitioner has filed a notice of appeal and a request for a certificate of appealability

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(“COA”) “on all the new claims in the amended petition.” Dkts. 75, 76. He also requests a stay in

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proceedings pending the Court’s ruling on his motion for a COA. Dkt. 80.

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Petitioner’s motion for a COA is DENIED as premature. Dkt. 76. A COA is granted or

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denied only when the Court issues a final order disposing of a petition for writ of habeas corpus

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and enters judgment. See 28 U.S.C. § 2253(c)(1). Because the three remaining claims in

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Petitioner’s amended petition are pending, his request for a COA is premature. The Court will

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issue or decline to issue a COA when it resolves claims 1-3. Furthermore, because the Court has

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ruled on the pending motion for a COA, no stay is warranted. Therefore, Petitioner’s request for a

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stay is DENIED. Dkt. 80. The Clerk of the Court shall terminate Docket nos. 76 and 80.

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IT IS SO ORDERED.
Dated: July 11, 2017

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YVONNE GONZALEZ ROGERS
United States District Judge